Law Essays | Free Essays on Law

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Secret trusts in Blackwell v Blackwell

Published Date: 13 Sep 2016 Last Modified: 16 Mar 2017

6 Pages (2,361 Words)

Keywords: debunking the myth of secret trusts, emma challinor secret trusts, semi-secret trusts "For the prevention of fraud equity fastens on the conscience of the legatee a trust which would otherwise be inoperative: in other words, it makes him do what the will has nothing to do with, it lets him take what the will gives him, and then makes him apply it as the Court ...

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Adverse Possession Problem Question

Published Date: 13 Sep 2016 Last Modified: 16 Mar 2017

8 Pages (3,064 Words)

Keywords: adverse possession, land law essay, adverse possession essay example Land Law (Adverse Possession) Problem Question (3000 words) In this scenario, Molly is concerned to establish the status of the plot of land that lies beyond the garden of the house that she has inherited from her cousin, Ms Twigg. The plot is adjacent to the garden of the property, and is a natural extension of ...

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Introduction to Statutory Interpretation

Published Date: 03 Oct 2016 Last Modified: 10 Mar 2017

9 Pages (3,521 Words)

Statutory Interpretation Abstract: The means of interpreting the Acts of Parliament by judges is called statutory interpretation. Common Law: Is a law formulated by judges with the aid of conclusions of a court to follow the aid of a legislative process by the executive branch. The legal system of a common law states that, it is a partiality to handle likewise facts or matters distinctively on ...

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Negligence and duty of care

Published Date: 03 Oct 2016 Last Modified: 08 Mar 2017

5 Pages (1,829 Words)

Duty of care. Duty of care is the first element of negligence and therefore, in order to discuss further on duty of care, one would have to first define the tort of negligence. In Blyth v Birmingham Waterworks Co,[1] the courts defined negligence as an omission of something which a reasonable man would do and the doing of an act which a reasonable man would not ...

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Law and morality

Published Date: 13 Sep 2016 Last Modified: 07 Mar 2017

5 Pages (1,689 Words)

Title: "The ultimate basis for adhering to the positive thesis of the conceptual differentiation of law and morals is itself a moral reason. The point is to make sure that it is always open to the theorist and the ordinary person to retain a critical moral stance in face of the law which is." (MacCormick) Discuss. EXAM MODEL ANSWER Introduction This discussion focuses on the relationship ...

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Rape Law Reform in England and Wales

Published Date: 24 Feb 2017

15 Pages (5,603 Words)

Keywords: rape law, reform, england, sexual offences act 1. Introduction The beginning of the 21st Century has seen a major overhaul of the sexual offences legislation in England and Wales. Prior to this reform the law on sexual offences was based on legislation implemented in 1956[2], with some parts dating as far back as the 19th Century. It goes without saying that this legislation was grossly dated ...

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The Definition of a Trademark and Goodwill

Published Date: 03 Oct 2016 Last Modified: 13 Oct 2016

5 Pages (1,941 Words)

INTRODUCTION Definition of trademark Any company has the right to take legal action if enough evidence is provided to the court. The company that feels infringed can take legal action supported by the principles of intellectual property rights. Company X has the rights to take legal action against company Y on the basis of fundamental principles under intellectual property rights. Company ...

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Elements Required for the Formation of a Valid Contract

Published Date: 10 Jun 2016

11 Pages (4,373 Words)

Introduction: When we think of any kind of business there comes the necessity of understanding and applying the rules, principles, norms, and usages of contract. Now a day there is hardly any business dealing that does not comes within the purview of contact. So it's very important to have a clear and definite idea on the subject of contract law. However, in this paper I'v tried to ...

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Law Essays - Certain Selling Arrangements

Published Date: 23 Mar 2015 Last Modified: 09 Mar 2016

6 Pages (2,375 Words)

Certain Selling Arrangements "The introduction of 'certain selling arrangements' has imposed an unnecessary straitjacket on the development of the Keck principle. Not only is the Keck formula too narrow; paradoxically, it is also too broad in that it catches 'dynamic' measures (such as restrictions on advertising) and therefore takes them outside the scope of Article 28 even though they do affect inter-state trade." (C. Barnard, The Substantive ...

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Law Essays - Public Emergency Liability

Published Date: 23 Mar 2015 Last Modified: 09 Mar 2016

6 Pages (2,382 Words)

Public Emergency Liability Title: The privileged treatment accorded by the courts to the emergency services on the question of duty goes too far. It does not merely recognise the importance of their public services, it offers them a degree of protection which allows them to be unaccountable in circumstances where liability should clearly exist. 1. Do you agree? Critically consider by reference to authorities, whether the current ...

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Law Essays - Legal ownership vested in trustees must be balanced by identifiable equitable ownership

Published Date: 23 Mar 2015 Last Modified: 09 Mar 2016

8 Pages (3,020 Words)

Legal ownership vested in trustees must be balanced by identifiable equitable ownership. Critically discuss this statement and the difficulties inherent in it in relation to the interests of beneficiaries under discretionary trusts. What is the practical importance of determining where the beneficial interest lies in discretionary trusts? The trust is a creature of equity. It has been described as â€œthe paradigm case of equityâ€™s interference with ...

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Law Essays - Admissible Criminal Evidence

Published Date: 23 Mar 2015 Last Modified: 09 Mar 2016

7 Pages (2,623 Words)

Admissible Criminal Evidence It matters not how you get it; if you steal it even, it would be admissible in evidence" [per Justice Crompton in R v Leatham 1861] Discuss When considering the above statement it is necessary to examine legislation with regard to the admissibility of evidence. The starting point is to look at section 78 of the Police and Criminal Evidence Act 1984 which allows ...

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Law Essays - Negligence Damages Breach

Published Date: 23 Mar 2015 Last Modified: 09 Mar 2016

7 Pages (2,632 Words)

Negligence Damages Breach For the purposes of this paper, it is assumed that liability for negligence rests solely on the Umbridge Village FÃªte Committee (UVFC) with regard to the damages suffered by Tony and Will as it is generally accepted that legal responsibility should lie with the event organiser/hirer. The insurance policy should indemnify the Borsetshire County Council (BCC) against all activities on the agreed land, except ...

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Law Essays - Tort Law School

Published Date: 23 Mar 2015 Last Modified: 09 Mar 2016

6 Pages (2,283 Words)

Tort Law School Advise the various parties to their rights and obligations in relation to the two scenarios below. Answers should be around 1000 words each. 1) Steve was employed as a grounds man at the Chiswick school for girls. The school grounds were considered to be one of the most beautiful sites in the area. Steve's principal responsibilities were to keep the grounds in order and ...

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Contract Law Essays - XYZ Building Services Ltd

Published Date: 23 Mar 2015

4 Pages (1,523 Words)

X, the MD of XYZ Building Services Ltd, is considering drafting a standard set of terms and conditions to use in contracts with his customers. Write a report for him explaining What steps he needs to take to ensure that the standard terms are in fact part of any contract he makes with a customer The extent to which he is free to include any term ...

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Sufficiency Of Evidence And Myths Pertaining To Rape Law Essay

Published Date: 23 Mar 2015

12 Pages (4,516 Words)

Across the UK, the law of evidence with regard to sexual offences has been criticised due to sustained low conviction rates. Research by the Scottish Law Commission has shown that sexual offences are harder to prove than most other criminal offences and conviction rates are only decreasing. However, aside from the question of weight of evidence, as a matter of law there must be sufficient evidence for ...

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Compounding Of Offences Under Criminal Procedure Law Essay

Published Date: 23 Mar 2015

9 Pages (3,254 Words)

The compounding of offences is an act on the part of the victim whereby he/she decides to pardon the offence committed by the accused and request the court to exonerate him of all charges. The compounding of an offence does not mean that the offence has not been committed; it only means that the victim is willing to pardon it, or has accepted some form of a ...

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Essay On Parliamentary Sovereignty

Published Date: 23 Mar 2015

20 Pages (7,643 Words)

Tesco was founded in 1924 by John Edward Cohen in the East End of London. The name 'Tesco', was first used on tea, and was derived from the initials of Cohen's tea supplier, T E Stockwell, combined with the first two letters of Cohen. Tesco Stores Limited was incorporated in 1932. In 1935, Jack Cohen visited the U S A and was impressed by the supermarkets' self-service ...

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Indias Reservations And Declarations To Core Human Rights Conventions International Law Essay

Published Date: 23 Mar 2015

13 Pages (4,963 Words)

Abstract A study of human rights anywhere in the world would be incomplete without understanding the various reservation and declaration to core international human right conventions by the nation. This paper attempts to demystify and simplify concept of reservations and declarations, difference between the two and the test of validity of reservations and declarations. Also it will provide an overview of India's engagement with international human rights ...

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The Strengths And Weaknesses Of Case Law Law Essay

Published Date: 23 Mar 2015

3 Pages (1,070 Words)

From using theory of doctrine of judicial precedent, I can conclude that using case law as a source of law brings more advantages than advantages. There are many strengths and weaknesses which we can identify from it. Based on using judicial precedent principle, it can bring us uniformity which means everyone is treated equally due to the bound decision made by the judges previously in similar situation ...

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The Background Of Racial Profiling International Law Essay

Published Date: 23 Mar 2015

5 Pages (1,941 Words)

Racial profiling is a type of discrimination whereby the police force uses an individual's race or ethnic background to judge or suspect if the person has committed a crime. The expression “driving while black” resulted from racial profiling; this is because African American motorists regularly complained that detectives used to pull them over without a reason, but because of their race. Racial profiling makes all ...

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lawmaking process in the parliament

Published Date: 23 Mar 2015

3 Pages (1,029 Words)

DESCRIBE THE PHASES OF THE LAWMAKING PROCESS IN THE PARLIAMENT. IN WHAT CIRCUMSTANCES CAN PROPOSED LEGISLATION GO FOR ROYAL ASSENT WITHOUT THE APPROVAL OF THE HOUSE OF LORDS? The Parliament of England as one of the main pillars of a constitutional democracy plays a vital role in governing the country by lawmaking, the process which divides into number of stages. These stages which comprise the first reading, ...

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Duty Of Care Imposed On Tort Of Negligence Law Essay

Published Date: 23 Mar 2015

7 Pages (2,586 Words)

The essay below deals with the legal issue of whether a duty of care should be imposed on the tort of negligence. The law of England and Wales has only recognised negligence as a tort in its own right since the case of Donoghue v. Stevenson. In the latter case, Lord Atkin stated that in certain situations, people are under an obligation to take reasonable care in ...

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English Tort Law Imposing Liability Law Essay

Published Date: 23 Mar 2015

8 Pages (2,890 Words)

This essay will address the question by exploring cases dealing with occupiers liability, vicarious liability and psychiatric harm. I intend to focus on narrow aspects within these three areas of law allowing a deep critical analysis. Occupier's liability, in my opinion, is an area of law that imposes too much liability in cases involving trespassers. I don't doubt that there must be liability for the homeowner who ...

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Judicial Precedent A Practice Of The Courts Law Essay

Published Date: 23 Mar 2015

7 Pages (2,556 Words)

Judicial precedent: Where past decisions of judges are followed in future cases when the facts of the cases are similar. Once a judge decides a legal principle, it is required that is used in future legal cases with similar issues or facts. This is also known as case law or common law which has developed by broadening down from precedent to precedent. Therefore the legal definition of ...

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Crime and disorder act 1998

Published Date: 23 Mar 2015

3 Pages (1,037 Words)

The ratio of the case is that within section 28(4) of the Crime and Disorder Act 1998 those who are not an immigrant of the country, in other words those who are not of a British origin, do represent a racial group. Section 28(4) of the Act defines the term ''racial group'' which includes nationality (including citizenship) and national origins along with race, colour and ethnic origin. ...

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The Structure Of The Legal Profession Law Essay

Published Date: 23 Mar 2015

4 Pages (1,470 Words)

The legal profession in the United Kingdom has personalized the political system more than countless years to provide the society the finest law. The legal profession in England and Wales is separated into two different branches: barristers and solicitors. These two different types of lawyers accomplish different purposes while there is an inevitable amount of similarities in their actions. Throughout this essay I shall build up an ...

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Difference Between Criminal And Civil Procedure Law Essay

Published Date: 23 Mar 2015

5 Pages (1,993 Words)

Law is a set of general rules which are created by a superior entity in order to regulate human behaviour and maintain justice and peace in the society. Law applies to everyone living in a particular territory [1] . There are as many legal systems in the world as countries, but for academic reasons we classify them into three main categories: Continental (Civil, Romano-Germanic) legal system, Common (Anglo-American) legal ...

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Advantages Of The Criminal Trial Process Law Essay

Published Date: 23 Mar 2015

4 Pages (1,378 Words)

In England and Wales the English legal system of criminal justice are operated on the basis and can be described as an adversarial system of justice. In an adversarial system, the parties are responsible for presenting evidence before passive and neutral trial judge or jury. This differs from an inquisitorial system, which is exists most of Europe. In many jurisdictions the criminal laws can be traced to ...

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Use And Problems Of Expert Witnesses In Court Law Essay

Published Date: 23 Mar 2015

10 Pages (3,682 Words)

It is an ancient common law rule that on a subject requiring special knowledge and competence, evidence is admissible from witnesses who have acquired the necessary expertise on that matter, and such witnesses are known as "experts". [1] The foundation of the use of expert witness in court was laid down by Lord Mansfield in Folkes v. Chadd [2] that "the opinion of scientific men upon proven facts may be given ...

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Law Essays - Legal Funding Service

Published Date: 23 Mar 2015

3 Pages (1,091 Words)

Legal Funding Service Task One Introduction to legal funding In 1951 legal aid was introduced to help individuals who could not afford legal assistance. It quickly became very popular and benefited those who were less fortunate and in need to legal aid, however, it hugely affected the government’s budget. In 2000-20001 the financial strain on the government became too much and changes were needed. The first change ...

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Dna Testing In Rape Cases Law Essay

Published Date: 23 Mar 2015

6 Pages (2,069 Words)

With today's technology DNA can help identify the rapist in a crime. However, Before DNA technology was widely available, individuals were found guilty of rape without proper evidence to convict them. DNA should be tested in older rape cases, because many innocent people have spent the majority of their life in prison for a rape that they did not commit. The victim can make a false identification ...

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Effect of money laundering in world economy.

Published Date: 23 Mar 2015

6 Pages (2,098 Words)

Introduction: Money laundering is one of the biggest financial crimes in the world economy. A Big amount of Black money and suspicious capital flows are conducted in the financial service industry, there are alternative methods of moving currency and avoiding detection by government agencies. One such technique is through the manipulation of import and export prices in international trade transactions. The word "launder" means a ...

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Continental And Common Law Legal Systems Law Essay

Published Date: 23 Mar 2015

6 Pages (2,211 Words)

The Continental and Civil Law Legal Systems can be truly considered to be the most prominent legal systems in the world which laid a foundation for legislation in many countries. Although, nowadays it can be quite difficult to find a distinguished boundary between Continental and Common Law Legal Systems (as they have adopted each other's practices to a large extent), the legal scholars point out the list ...

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Ethics of intellectual property, knowledge and skills

Published Date: 23 Mar 2015

9 Pages (3,535 Words)

Ethics of intellectual property, knowledge and skills The world today is based more and more on information and information technology. Information is defined as “knowledge gained through study, communication, research, or instruction” (dictionary.com). When someone creates this knowledge using their brains, who owns this information? Does this intellectual information become public domain, benefiting society, or can this information be protected so that monetary gain can occur because ...

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Exclusion clauses

Published Date: 23 Mar 2015

9 Pages (3,472 Words)

Introduction Exclusion clauses are generally found in contracts`. These types of clauses operate to exclude or restrict the rights of a party. For example, when a party to a contract wishes to limit their liability in the event that they breach the contract they will usually include an exclusion clause, limiting the amount that the other side can claim to a specified total. Sometimes, a party may ...

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Advantages And Disadvantages Of Mediation Over Litigation Law Essay

Published Date: 23 Mar 2015

5 Pages (1,629 Words)

Mediation is more time saving than litigation. It is a quick process involves the coming into a mutually acceptable agreement to settle the dispute by both sides of the parties. The mediator, who act as the middleman of the disputed parties helps the parties to reflect the benefit concerned by the parties to each other in a private and confidential manner. The whole process, from the application ...

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the parol evidence rule

Published Date: 23 Mar 2015

7 Pages (2,583 Words)

One of the most essential common law rules on contract cases is the parol evidence rule. Parol Evidence Rule is a rule that has an extraneous evidence which is a verbal or written agreement that is not included in a significant black and white document. Besides that, it also preserves the reliability of written agreements by providing parties from trying to amend the meaning of the written ...

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Intention In The Case Of Woollins Law Essay

Published Date: 23 Mar 2015

8 Pages (2,982 Words)

The actus reus for murder is the unlawful killing of a human being caused by an act or omission of the defendant. [1] The mens rea for murder is malice aforethought or intention. What constitutes an intention to commit a criminal offence has been a difficult concept to define. [2] Intention can be divided into two sub categories: 'direct intent' and 'indirect/oblique intent'. The majority of murder cases involve direct intent ...

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Examine The Legality Of Military Humanitarian Intervention International Law Essay

Published Date: 23 Mar 2015

14 Pages (5,244 Words)

The general prohibition on the use of force contained in Article 2(4) [1] of the UN Charter forms a cornerstone of public international law. That prohibition is subject to a very narrow category of exceptions, all of which arise from the right to self-defence codified in Article 51 of the UN Charter. [2] A more controversial exception to the use of force that has been claimed to arise as a rule ...

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Competition law in Nigeria

Published Date: 23 Mar 2015

48 Pages (19,066 Words)

INTRODUCTION SCOPE OF THESIS The area of Competition law in Nigeria remains an area of law that has not been fully tapped. Currently, there is no competition law operating in Nigeria and although there has been a bill, it is yet to be passed to law. The ongoing lack of a competition law regime has quite predictably led to price-fixing, excessive pricing of products , market concentration ...

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Examples of Contract Law Cases | What is Contract Law?

Published Date: 23 Mar 2015

16 Pages (6,255 Words)

This essay will give you an overview of contract law, contract law cases and how contract law is used today. There are also examples of contract law cases and some free law essay examples. If you want to see more examples of law essays, then visit our free essays section. What is Contract Law? The law of contract is a set of rules governing the relationship, ...

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Common And Civil Law Legal Systems Law Essay

Published Date: 23 Mar 2015

4 Pages (1,473 Words)

In general, law is set of general rules, regulations and principles accepted in some community and to applicable only in its territory, which is written by legislative authority. There are a lot of functions of law in the society and business. Some of the roles of the law are to keep the peace, shaping the rules of conduct and moral standards, promoting social justice and individual freedom, ...

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Defamation And Free Speech In England And Russia Law Essay

Published Date: 23 Mar 2015

7 Pages (2,513 Words)

The basis of modern society is formed by the fundamental human right of freedom of speech. The importance of having this fundamental right is immense. In order for this world to continue modernizing, it is very important to let every individual voice his/her opinion. However, in certain situations what one person says (intentionally or unintentionally) might harm the reputation of another person. I believe that defamation law ...

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main elements constituting a vaild contract

Published Date: 23 Mar 2015

9 Pages (3,240 Words)

The word 'law' has been given many definitions. The higher being is the state and the inferior being is the individual. The sanctions or punishments include imprisonment, fines, damages and injunctions. In our country Malaysia, Federal Constitution declares itself as the supreme law of the Federation. Hence, to put it modestly, law may be defined as a body of rules which are enforced by the state. Furthermore, ...

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pure economic loss negligence

Published Date: 23 Mar 2015

4 Pages (1,355 Words)

"Many losses resulting from tort could be described as economic; the term is usually used to cover losses which are 'purely' economic meaning those where a claimant has suffered financial damage that does not directly result from personal injury or damage to property, as when a product brought turns out to be defective, but does not actually cause injury or damage to other property". Catherine Elliott & ...

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Doctrine Of Precedent Important Role English Legal System Law Essay

Published Date: 23 Mar 2015

3 Pages (1,139 Words)

The Doctrine of Precedent also known as stare decisis is a concept that has an important role to play in the English Legal System, especially as it strengthens the hierarchy of the courts. It is also said that this principle of binding precedent has been held to prevent litigation. Consequently, the Doctrine of Precedent acts as a guidance and justification for a judge hearing a particular case ...

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Court System Of Trinidad And Tobago Law Essay

Published Date: 23 Mar 2015

6 Pages (2,341 Words)

The court system has three levels. There is the Magistrates' Court, which is the first level; the Supreme Court of Judicature, which consists of the High Court of Justice and the Court of Appeal, the second level; and the Judicial Committee of the Privy Council, the third level and our final court of appeal. In addition, there are specialised courts which are designed to handle special matters. ...

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Successes And Failures Of Un Control Of Human Rights Violations International Law Essay

Published Date: 23 Mar 2015

7 Pages (2,758 Words)

1. United Nations signed Universal Declaration on Human Rights in 1948 for protection of human rights and maintenance of world peace. Regrettably, the record on this front has not been encouraging. Although UN has been successful in avoiding third World War in the past six decades but the painful reality, however, is that wars, some international and several internal, have taken place and produced casualties estimated to have ...

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The Objectives Of A Diminished Responsibility Law Essay

Published Date: 23 Mar 2015

5 Pages (1,709 Words)

Historically the primary objective for the insertion of the defence of diminished responsibility into the Criminal Code 1899 (Qld) was to mitigate the compulsory death sentence then imposed for a murder conviction. With the death penalty now abolished the defence of diminished responsibility has been retained as a means of mitigating and to ameliorate the effect of the still current mandatory life imprisonment for a murder conviction ...

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Flag State Jurisdiction On The High Seas International Law Essay

Published Date: 23 Mar 2015

18 Pages (7,040 Words)

This essay will focus on the internationally recognized right of hot pursuit and the rights and duties that lay upon the coastal state's pursuing ships (pursuing aircrafts will not be included here). Since article 23 of the Geneva Convention on the High Seas (1958) has been revised into article 111 United Nations Convention on the Law of the Sea, the following text will therefore mainly refer to ...

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Development Of Sentencing Policy In England Law Essay

Published Date: 23 Mar 2015

6 Pages (2,120 Words)

According to Andrew Ashworth (Sentencing and Criminal Justice, 5th Edition, Cambridge University Press (2010), p.77), section 142 of The Criminal Justice Act 2003 appears to embody the worst of pick-and-mix sentencing, and one which invites inconsistency. In the light of this statement discuss, and comment, on the aims and purposes of sentencing. To what extent are they a reflection of sentencing currently practised by courts? This essay ...

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Beyond Reasonable Doubt And Balance Of Probability Law Essay

Published Date: 23 Mar 2015

10 Pages (3,602 Words)

The standard of proof, in essence, can be loosely defined as the quantum of evidence that must be presented before a Court before a fact can be said to exist or not exist. As the type of cases before a Court can be classified into criminal or civil, so can the standard of proof. There is a clear understanding that the Courts follow according to wich the ...

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The Role Of The Un In The Contemporary World International Law Essay

Published Date: 23 Mar 2015

4 Pages (1,418 Words)

Despite the United Nations many failures and successes it still continues to be the world's best peacekeeping component and therefore the best hope the worlds got. The above statement creates lots of debate in the modern world however even with the UN's many fails, it still provides many successes and therefore is the best hope the worlds got. Apart from peacekeeping the UN runs many other agencies ...

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False Imprisonment And Merchant Protection Statutes Law Essay

Published Date: 23 Mar 2015

9 Pages (3,339 Words)

Although the area of business law with which I am most familiar and have the most knowledge is contract law, secured transactions and bankruptcy, my first jury trial was a case involving a "slip and fall" at the old Rickshaw Hotel which was located across from the former Garden State Race Track on Route 70 in Cherry Hill, New Jersey [This really dates me because the Rickshaw ...

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House Of Lords Is The Second Chamber

Published Date: 23 Mar 2015

4 Pages (1,317 Words)

House of Lords is the Second Chamber in the United Kingdom's parliament. Its main functions are to scrutinize legislation, both domestic and European, and to debate on issues of public policy and public concern. This house is fully appointed. Attempts to change this have been made in the past and obviously we can see now that the government is developing plans for fully or mainly elected House ...

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Divorce Reform Act

Published Date: 23 Mar 2015

16 Pages (6,346 Words)

In 1963 the law still denied divorce except to those who could provide evidence sufficient to convince a court of a partner's adultery or other matrimonial offence. In that year, a determined attempt was made to change the law to allow divorce where a couple had lived apart for at least seven years. The attempt failed. But less than a decade later the Divorce Reform Act ...

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Human Rights Law DNA Profiling A Comparative Analysis Law Essay

Published Date: 23 Mar 2015

12 Pages (4,797 Words)

It has been pointed out already that no knowledge of probabilities, less in degree than certainty, helps us to know what conclusions are true, and that there is no direct relation between the truth of a proposition and its probability. Probability begins and ends with probability. - John Maynard Keynes What is DNA? DNA (Deoxyribonucleic acid) is the chemical basis of life that complexes with proteins to ...

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Arguments For And Against Use Of Precedent Law Essay

Published Date: 23 Mar 2015

6 Pages (2,219 Words)

One very important element of the law in the United Kingdom is the precedent. "The precedent is aÂ legal caseÂ establishing a principle or rule that aÂ courtÂ or other judicial body may utilize when deciding subsequent cases with similar issues orÂ facts." [1] These decisions can be used as a map to help the judges navigate through the English legal system. Despite the fact that the precedent can be very useful in the ...

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The Ancient Concept Of Diplomatic Immunity And Relations Across Borders Law Essay

Published Date: 23 Mar 2015

11 Pages (4,346 Words)

INTRODUCTION Diplomatic immunity is considered as an ancient concept concerning relations across borders. It even dates back to Ancient Greece and Rome. Today, it is a principle that has been codified into the Vienna Convention on Diplomatic Relations 1961 and this regulates past customs and practices. Indeed, as the ICJ indicated in US v. Iran [1] , a large number of the provisions of the Convention reflect customary international ...

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Understanding The Legal Systems Of The World Law Essay

Published Date: 23 Mar 2015

3 Pages (1,147 Words)

I truly believe that our modern society needs Law. Laws are guidelines that set out appropriate behaviour, so we are required to follow this system of rules, in order to keep everything balanced and stabilized. Without the fulfillment of these desired tasks, man simply will become equal to animals - or worse still, allow their darker sides to emerge and control their lives. Legal Systems of the ...

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The Role of lawyers in india's freedom struggle

Published Date: 23 Mar 2015

5 Pages (1,854 Words)

THE ROLE OF LAWYERS IN INDIA'S FREEDOM STRUGGLE 1885 was a remarkable year in the history of India, a year which would determine the future of India, a new chapter in the freedom struggle started as a mass movement in 1857 by the ‘sepoy mutiny'. With the joint efforts of A.O. Hume and W.C. Bonnerjee, the Indian National Congress was established. This brought the Indian intelligentsia into ...

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Actus Reus In Recklessness And Common Assault Law Essay

Published Date: 23 Mar 2015

8 Pages (3,044 Words)

Maxim actus non facit reum nisi mens sit rea means that the guilty act on its own will not make a person criminally liable unless it was done with a guilty state of mind. The majority of crimes are brought about by a mixture of actions and are referred to as the guilty acts these represent the physical elements of a crime (actus reus).The mental elements are ...

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Murder Conviction Proving Actus Reus And Mens Rea Law Essay

Published Date: 23 Mar 2015

6 Pages (2,381 Words)

A potential criminal liability for Mick in relation to Bob may be that of attempted murder. Murder is a common law offence and the accepted definition comes from Lord Coke that murder is the unlawful killing of a reasonable person in being and under the King's peace with malice aforethought, express or implied. It is a common law offence governed by the Homicide Act 1957 which carries ...

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Impact Of Woolf Reforms On Civil Justice System Law Essay

Published Date: 23 Mar 2015

19 Pages (7,546 Words)

The Woolf reforms have successfully increased access to justice for litigants despite being confronted with extensive variables and multifaceted difficulties. However, the reforms have failed in some major aspects, ultimately falling victim to the notoriety and reality of legal reform. The civil justice system and the Woolf reforms will firstly be discussed, moving into an analysis of the prominent areas of the Civil Procedure Rules, with the ...

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Cognizable And Non Cognizable Offences Law Essay

Published Date: 23 Mar 2015

5 Pages (1,709 Words)

Cognizable offences have been defined under Section 2 (c) of the Criminal Procedure Code as follows; " 'cognizable offence' means an offence for which, and 'cognizable case' means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant". A non-cognizable offence has been defined under Section 2 (l) of ...

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The Concepts Of Alternative Dispute Resolution Law Essay

Published Date: 23 Mar 2015

11 Pages (4,212 Words)

The coursework question is relates with the concept of Alternative dispute resolution. This coursework question is also linked with relationship between ADR, CPR 1998 and EU Directive regarding the matter of Mediation. The comment of Lord Rodger of Earlsferry is a significant part of this coursework. In my coursework I will chronologically discuss the History of ADR, its relationship with Civil Procedure Rules(thereafter CPR), Its implementation in ...

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English legal system – statutory interpretation

Published Date: 23 Mar 2015

5 Pages (1,826 Words)

Task 1: It can be argued that the role of statutory interpretation is to 'ensure that judges uphold the intention of Parliament'. With reference to the approaches used by judges, critically assess whether the rules of statutory interpretation fulfil this argument. While Parliament decides what the law is it is ultimately down to judges to give effect to it in its application in realistic situations. Words ...

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Burden Of Proof In Criminal And Common Cases Law Essay

Published Date: 23 Mar 2015

6 Pages (2,138 Words)

"He who asserts must prove". This statement of law allows us to understand that in criminal cases the onus of proof rests with the prosecution and that the standard of proof is one that must be satisfied beyond a reasonable doubt [1] . However, there are exceptions to this in the form of both statutory exceptions and within case law [2] . The statement also allows us to see that in ...

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As The Sovereignty Of Parliament

Published Date: 23 Mar 2015

4 Pages (1,481 Words)

The doctrine of precedent plays a vital role in the English law because of common law tradition which is the main source for English law. However, British people believe that there is nothing important than Westminster Parliament, because Parliament can decide anything with a simple majority and it is the supreme legal authority which creates or ends any law. The idea of Parliament sovereignty is very powerful ...

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Law Should Be Kept Separate From Morality Law Essay

Published Date: 23 Mar 2015

8 Pages (2,855 Words)

The statement quoted from the Wolfenden Report suggests that there should remain a line between sin and crime and that the law should not interfere in matters of private morality or immorality keeping it apart from public morality. This is a broad view and clearly, there are some areas in which the law should act as a moral guardian and interference is justifiable. I will outline some ...

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Selected consumer rights

Published Date: 23 Mar 2015

18 Pages (6,877 Words)

Introduction The law is complex in any situation whether it is a road traffic offence under the strict liability rules or a serious manslaughter charge under the criminal law. The area of consumer protection law is no different and is complex with legislation coming from many different sources, statute, common law and EU Directives to name just three sources. For example, Silberstein, 2007, argues that every consumer ...

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Hanlon v law society

Published Date: 23 Mar 2015

7 Pages (2,514 Words)

Introduction In Hanlon v Law Society , Lord Denning stated that the court "takes the rights and obligations of the parties all together and puts the pieces into a mixed bag. Such pieces are the right to occupy the matrimonial home or have a share in it, the obligation to maintain the wife and children, and so forth. The court then takes out the pieces and ...

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Case Study Suing For Unlawful Arrest Law Essay

Published Date: 23 Mar 2015

8 Pages (3,139 Words)

The Client's Problem. Mr. Andrew Barnham was stopped, searched and finally arrested on November 8, 2009 outside Stagshead pub on Byker Road. His description fitted that of another offender who had committed a robbery in a jewellery shop on Walker Street with high value jewellery missing e.g. expensive watches. Mr. Barnham believes that the stop and search powers exercised by the two constables along with the arrest ...

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The Theory Of Collective Security In The Un International Law Essay

Published Date: 23 Mar 2015

7 Pages (2,446 Words)

After it had been established in 1945, when World War II came to an end, the United Nation (UN) adopted the notion of collective security as a "security arrangement". This arrangement was to ensure that all of the states under the shadow of the United Nations Organization would "cooperate collectively" to provide security for one another. However, to a great extent, the structure and practice of the ...

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Case Study Claim For Damages In Negligence Scenario Law Essay

Published Date: 23 Mar 2015

11 Pages (4,120 Words)

In seeking to effectively advise Steve and Tina in relation to whether they have a claim/claims for damages arising out of the facts of this scenario for negligence, it is necessary to look to deal with the evidentiary aspects that are considered to be involved with the claim. As a result, this will involve looking to provide for recognition of the evidence that both Steve and Tina ...

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Law Of Evidence Analysis Of Similar Fact Evidence Law Essay

Published Date: 23 Mar 2015

12 Pages (4,440 Words)

The law of evidence is a system under which facts are used to determine the rights and liabilities of the parties. Evidence proves the existence of "facts in issue" or infers them from related facts. One of the fundamental considerations of criminal evidence law is the balance of justice to the accused against wrongful convictions, ensuring a fair trial and fairness to the victim. Since stakes in ...

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Existence of a duty

Published Date: 23 Mar 2015

6 Pages (2,118 Words)

To what extent are the tests used by the courts to determine the existence of a duty of care simply a shroud for the exercise of judicial discretion? In Jobling v Associated Dairies Lord Wilberforce said "We do not live in a world governed by the pure common law and its logical rules….No general, logical or universally fair rules can be stated which will cover [all events] ...

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Law Essays - Modes Of Trial

Published Date: 23 Mar 2015

7 Pages (2,700 Words)

Modes Of Trial If you were being prosecuted for a criminal offence, which of the following modes of trial would you prefer: Trial by lay magistrates; Trial by professional judge alone; or Trial by judge and jury. When being prosecuted for a criminal offence, a large portion of the final outcome rests on what court tires the case due to the varying procedural and sentencing ...

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Role Of The Civil And Criminal Courts Law Essay

Published Date: 23 Mar 2015

7 Pages (2,485 Words)

The criminal and civil jurisdictions have many differences and some similarities in the way they deal with cases. In this court report I will be discussing the role of the civil and criminal courts by witnessing the law in action and will also compare and contrast the courts. Hierarchy of the Courts Below is a simple diagram of the hierarchy of the courts in England and Wales. ...

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Force majeure and hardship

Published Date: 23 Mar 2015

36 Pages (14,260 Words)

INTRODUCTION A basic and universally accepted principle of contract law is "pacta sunt servanda." This principle means that each party to an agreement is responsible for its non-execution, even if the cause of the failure is beyond his power and was not or could not be foreseen at the time of signing the agreement. The principle reflects natural justice and economic requirements because it binds a person ...

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Common Laws As Judge Made Law Law Essay

Published Date: 23 Mar 2015

6 Pages (2,296 Words)

The birth of common law was acknowledged in the region of Great Britain [1] and that even before and after the Norman Conquest in 1066 these legal system was already developed by the English [2] . During the early days, the actual law of the Great Britain's territories doesn't have any written document but instead it was passed down verbally from generation to generation due to their customs. For this reason, ...

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Absolute Liability For Environmental Law Essay

Published Date: 23 Mar 2015

17 Pages (6,436 Words)

The ideals of a socialist Constitution as ours include a duty upon the state to protect its citizens from all harm. In this regard, the highest standard of protection is in the form of fundamental rights given to citizens under Part III of the Constitution, whereby a violation of any of them enables any citizen to approach the Supreme Court directly. In addition to these rights, there ...

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Citizen & state. Judicial review

Published Date: 23 Mar 2015

3 Pages (980 Words)

This problem question necessitates a discussion surrounding the area of Administrative Law in particular Judicial Review. In order to properly advise Electrucs4u as to the grounds they may have for challenging the decision made by the actions of the SBQAA by way of judicial review, one must first establish what judicial review is, and whether it could be a course of action available in this situation. Judicial ...

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Hearsay Rule Case Analysis Al Khawaja V UK Law Essay

Published Date: 23 Mar 2015

9 Pages (3,411 Words)

Hearsay rule is among the remarkable rules of the law of evidence which was first developed in English-speaking countries during the second half of the eighteenth and the first years of the nineteenth century. The admissibility of hearsay evidence has been a controversial issue while some people asserted that it should be abolished. In fact, segregates those statements which possess high probative value from hearsay evidence as ...

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Case Study On The Ethics Of The Police Law Essay

Published Date: 23 Mar 2015

6 Pages (2,105 Words)

This paper will discuss decisions made by police in a scenario. This paper will critique decisions that the police in the scenario have made. I will be discussing whether or not the decisions made by the police were ethical or not and I will discuss what I would have done in the situation. I will be discussing ethical considerations. I will discuss a number of topics related ...

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definition of a contract

Published Date: 23 Mar 2015

10 Pages (3,815 Words)

Introduction Contracts are not only applicable to businesses but are also part of our everyday life. A contract is made out of the simple act of purchasing a newspaper, using a credit card to buy a dress or paying a paring fee. Other contracts such as the sale and purchase of property are more complex, requiring formal written documents. Contract forms the basis in many transactions, for ...

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The Challenges Of The United Nations Peacekeeping Operations International Law Essay

Published Date: 23 Mar 2015

19 Pages (7,341 Words)

BACKGROUND OF THE STUDY 1. War is said to be as old as the civilization. First World War was the proof of devastation that took millions of lives. After this, the League of Nations was formed to bring some ground rules to prevent aggression. But no sooner the First World War was over, the Second World War started and the world observed how helpless the League was to ...

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Money laundering is a global problem

Published Date: 23 Mar 2015

6 Pages (2,371 Words)

Introduction: Money laundering is a global problem. Measuring its impact is tough, as it takes place behind everyone's eyes and it apparently is a victimless crime. Yet the damage it does can be devastating to the financial sector and economy's ‘real' and ‘external' sector, especially in case of a developing country. By contrast, effective anti-money-laundering policies can reinforce a range of good-governance policies. This in result helps ...

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The female criminality

Published Date: 23 Mar 2015

21 Pages (8,057 Words)

INTRODUCTION "Women, undeniably, have been all but invisible for much of criminology's history."[1] Women have never been as prominent as their male counterparts in criminology, so much so, they can be said to have been ignored for many centuries and it was not until the turn of the 20th century that women who committed crimes were really included in criminological discourse. The advent of the feminist movements ...

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Terrorism And Counter Terrorism In International Security Law International Law Essay

Published Date: 23 Mar 2015

5 Pages (1,844 Words)

Terrorism and counter-terrorism in international security law Terrorism is has a direct and significant effect on international security, the consequences of which are devastating on peoples enjoyment of their basic human rights including their right to life, fair treatment of victims and liberty. In addition, acts of terrorism are costly to the stability of governments, destabilize efforts of civil societies, threaten peace and security, and hinder economic ...

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Law of equity emerged

Published Date: 23 Mar 2015

4 Pages (1,201 Words)

The law of equity emerged to "mitigate the severity of the rules of common law" . Instead of simply replacing or adding to the common law, equity grew up as a separate branch of jurisprudence, leading to a system of "common law dualism" The reasons for the creation of equity firstly, and secondly its distinction from the common law go back to the thirteenth century. Briefly, the ...

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Britain And Us A Comparative

Published Date: 23 Mar 2015

7 Pages (2,401 Words)

For my comparative essay of political systems in the contemporary context I have chosen the US republican system and the British constitutional Westminster system. Throughout the essay I will compare and contrast the different political systems, how they interact with one another and how the systems are significant in the modern day context of world politics. America, a former colony of Great Britain, won its war of ...

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An Assignment On Doctrine Of Precedent Law Essay

Published Date: 23 Mar 2015

4 Pages (1,332 Words)

The doctrine of precedent plays a crucial role in the English legal system because common law is an important source of law in the English legal system as opposed to the European legal system, which is based on legal models and theories. The English system of precedent is based on the Latin maxim: "Stare Decisis et Non Queita Movere", stand by what has been decided and do ...

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Constitutional and administrative laws

Published Date: 23 Mar 2015

4 Pages (1,344 Words)

Constitutional and administrative laws are collectively termed as public law. Public law has a direct impact on each individual's. For example during the passage of a new legislation piece or when an individual's civil rights are abused, the public law gives the legal structure within which the administration functions and the government operates. The laws play a very vital role in regulating the government's structure and its ...

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The Effects Of Illegal Fishing

Published Date: 23 Mar 2015

6 Pages (2,277 Words)

During the years of the fishing world there been illegal activity across the countries. In the mid-fall season fishing companies around the world compete to fish for the big catch. In this present day, while the economy going through a big shake up, the increase of fishing illegally been arising. This paper will get into the history of fishing, economic effect, prevention, and the consequences of illegal ...

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The Legalization Of Euthanasia Law Essay

Published Date: 23 Mar 2015

4 Pages (1,380 Words)

The question of life has been very intriguing over time and across space; more specifically the question of when life begins and when life should end. With regard to when life should end, a lot of ethical nuances are faced- euthanasia in perspective. The word 'euthanasia' comes from the Greek words eu and thanatos which respectively means 'good' and 'death' thus 'good death' (Seamus and Shean 8). ...

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Should The Us Intervene In Other Countries International Law Essay

Published Date: 23 Mar 2015

6 Pages (2,048 Words)

The U.S should not intervene in other countries to curb instances of flagrant human rights violations, as this does not provide the effective democracy in the country that is intervened and in the USA as well. I. Introduction "As problems to achievement for all peoples and nations, so that every individual and every organ of society, constantly referring to this Declaration, shall strive by teaching and education to ...

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Statutory interpretation assignment

Published Date: 23 Mar 2015

3 Pages (820 Words)

This problem question necessitates a discussion surrounding the area of statutory interpretation. To achieve consistency, judges and legal authorities have attempted to establish guiding principles of interpretation. Statute law, unlike case law, provides rules in the form of a single verbal formula. The words of a statute have a unique authority which words in judgments virtually never have. Statutory interpretation means assessing legislative intention based on the ...

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Negligence Tort For Legal Duties Law Essay

Published Date: 23 Mar 2015

5 Pages (1,762 Words)

Once a duty of care has been established not only should the defendant owe a duty of care, but also must be in breach of that duty. Therefore the defendant should have failed to come up to the standard of care required by law for fulfilment of duty. What is the standard of care and has the standard been breached are two questions that will arise to ...

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